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Defending women who kill
This dissertation undertakes a case review of South African court case judgments (between 1994 and 2021) in which women are charged with killing their abusive intimate partners. The dissertation examines how evidence of their abuse is used in respect of legal defences and mitigation of sentence. In...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2023
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| _version_ | 1867613746162040832 |
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| access_status_str | Open Access |
| author | Shaff, Maxine Leslie Georgia |
| author2 | Phelps, Kelly |
| author_browse | Phelps, Kelly Shaff, Maxine Leslie Georgia |
| author_facet | Phelps, Kelly Shaff, Maxine Leslie Georgia |
| author_sort | Shaff, Maxine Leslie Georgia |
| collection | Thesis |
| description | This dissertation undertakes a case review of South African court case judgments (between 1994 and 2021) in which women are charged with killing their abusive intimate partners. The dissertation examines how evidence of their abuse is used in respect of legal defences and mitigation of sentence. In addition to analysing the existing legal framework, the paper presents thematic qualitative information drawn from the judgments to show that a number of themes are apparent in the manner in which evidence is brought and dealt with by the courts. For instance, patterns of disregarding evidence of abuse, and a lack of calling for further evidence where needed. In addition to this, judgments often 'play armchair expert' and show lack of sensitivity and compassion to abused women - this is tightly linked with the concept of victim blaming. Other themes include deterrence as emphasised in sentencing, the notion of a turning point during an abusive spell, the rights of the children involved in abusive relationships, and considering motives for retaliation. The paper concludes by arguing that a contemporary approach to private defence, in light of the developments made in the Engelbrecht case, ought to be the way forward in exonerating women of their criminal culpability where those requirements are met. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/37813 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:41:02.682Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/37813 Defending women who kill Shaff, Maxine Leslie Georgia Phelps, Kelly Moult, Kelley public law This dissertation undertakes a case review of South African court case judgments (between 1994 and 2021) in which women are charged with killing their abusive intimate partners. The dissertation examines how evidence of their abuse is used in respect of legal defences and mitigation of sentence. In addition to analysing the existing legal framework, the paper presents thematic qualitative information drawn from the judgments to show that a number of themes are apparent in the manner in which evidence is brought and dealt with by the courts. For instance, patterns of disregarding evidence of abuse, and a lack of calling for further evidence where needed. In addition to this, judgments often 'play armchair expert' and show lack of sensitivity and compassion to abused women - this is tightly linked with the concept of victim blaming. Other themes include deterrence as emphasised in sentencing, the notion of a turning point during an abusive spell, the rights of the children involved in abusive relationships, and considering motives for retaliation. The paper concludes by arguing that a contemporary approach to private defence, in light of the developments made in the Engelbrecht case, ought to be the way forward in exonerating women of their criminal culpability where those requirements are met. 2023-04-21T07:49:46Z 2023-04-21T07:49:46Z 2022 2023-04-21T07:49:16Z Master Thesis Masters LLM http://hdl.handle.net/11427/37813 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | public law Shaff, Maxine Leslie Georgia Defending women who kill |
| thesis_degree_str | Master's |
| title | Defending women who kill |
| title_full | Defending women who kill |
| title_fullStr | Defending women who kill |
| title_full_unstemmed | Defending women who kill |
| title_short | Defending women who kill |
| title_sort | defending women who kill |
| topic | public law |
| url | http://hdl.handle.net/11427/37813 |
| work_keys_str_mv | AT shaffmaxinelesliegeorgia defendingwomenwhokill |